Faulty Car on Finance

[Pezza54]

IMO the court wouldn't allow you to reject the car, just claim damages
If the dealer's quote for replacing the timing chain is unreasonable you should try to negotiate a fair price before the work is undertaken

[Pezza54]

You could make a complaint with the fc, stating you want to reject the car. If they refuse you could refer your complaint to the FOS
This route will be cheaper and should be quicker than a court claim

[DE DOGS]

Looking back on my previous comments I advised you to GET YOUR MONEY BACK, warning lights are there for a reason, Not much help I know, I have yet to see a dealer pay the money back until they are forced to, in American terms, its a Lemon, experience tells me if the timing chain has jumped the gears or broken, that car had done quite a lot of miles, hence no paper work. But you can still check its previous MOT milage and fail reports

[Daniel79]

Hi DE DOGS & Pezza54,
The vehicle has a very clean history. In the 7 MOTs it has had so far, it has only failed due to tyres being worn and headlamp not working. It was advertised as having a FSH but on later conversations, they have been hesitant and I think they'll be unable to provide a full service history. However, I have all the records of it being advertised as having FSH so I don't think they can escape this.

So the more pressing issue, a week ago, I put to them about the brake issue and noise from the engine, they dismissed it saying it's the ABS that judders when braking and the engine noise is what all engines with timing chains make.

Then this Sunday, the engine stalled on the middle of the road. Barely managed to get it to side. Car jerked violently front and back before stalling. Wanted to call recovery and take it to dealer but they were closing so no point taking to them as recovery would take some time to come. Left the car there. Went yesterday to the car and the car started. Managed to drive it myself to the dealer. Dealer asked me to take the car to their go-to mechanic.

The mechanic hooked the diagnostic and nothing on the engine. no code. The coolant was non-existent though and they topped it up. Was no sign of leak then. Asked me to check coolant when I reach home. Took back home. It was fine. Then this morning, there was no coolant. I texted the dealer's mechanic and he said it could be due to coolant leakage ( the engine issue ) and asked me to bring it back. I told them I'll bring it tomorrow.

I then took it to a nearby MOT center and had a diagnostic and this is what they sent me :

" Good Afternoon,

Timing chain replacement (to include an oil and filter change also) should be approx. £650.

Coolant flange replacement should be approx. £130 (could be £190 if bolts are stuck/seized).

Prices above include labour, parts and VAT."

So, what can I do now? They might push me towards the warranty provided. I'm afraid the warranty will cover the timing chain. Can I reject it on the basis of this diagnostic? Did I need to take their consent before getting a diagnosis? If they say they'll cover the repair or get it done through warranty, is it wise/reasonable to accept it?

If I reject, they might disagree saying timing chain is wear and tear, but the issue was from the first day. Also, timing chain on a vehicle with full service history (as they had advertised) should not be needing replacement so soon? Also, how does the leaking coolant come into play now, although the repair is comparatively cheaper?

I seek your guidance on this matter.

[Daniel79]

You could make a complaint with the fc, stating you want to reject the car. If they refuse you could refer your complaint to the FOS
This route will be cheaper and should be quicker than a court claim

This was the finance company's response when the issue arose on first day. They have been supportive so far.

"As discussed, if you are happy to accept the dealership repairs that is perfectly fine, please take the vehicle back on Monday for them to do the necessary repairs. AS stated in line with your consumer rights this allows the dealership one opportunity to repair and if further repairs are needed that could potentially give you the rights to hand this vehicle back.

If you want to hand the vehicle back and do not wish to accept the repairs, please make your stance known to FRF and the dealership before Monday and do not allow the repairs to go ahead. If the dealership agrees to the cancellation, please inform us so we can pass this to our cancellations department and they can follow their process to get this sorted."

[Pezza54]

IMO you should go back to the fc and reject the car under CRA. You gave the dealer a chance to repair and he failed.
Forget the court claim for the time being as they are taking over a year.

[Daniel79]

So I talked to the finance company and they said you talk to the dealer first and if they don’t accept return then let us know, and we’ll proceed from there.

I called the dealer today and he said he’ll take it back but he’ll deduct £250 for the extra ownership that’s now on the v5. I said to him I’m entitled for full refund but he says we’ll have to discuss that and asked me to come tomorrow. He says I’ll have to inspect if there has been any tampering. He didn’t sound happy

Now what would be the best option from here?

Thanks you for your valuable time.

[DE DOGS]

As advised Take it back and get what refund you can.

[Daniel79]

As advised Take it back and get what refund you can.

He's agreed to change timing change and coolant flange at their cost. Is it sensible to accept repairs that way?

At this point, what I'm feeling is, all used cars come with issues. Is the timing chain is changed, that covers me for at least 2-3 years. The coolant leaking issue is more pressing but will I have protection until 6 months, meaning if something goes wrong again with the coolant, I'd have the option to get it repaired? Or am I being silly?

[Pezza54]

What has happened about the grinding brakes and fsh?
How confident are you that the dealer will repair the car successfully?
In the end it is your decision whether to allow another repair or write to the fc and dealer rejecting the car

[Daniel79]

What has happened about the grinding brakes and fsh?
How confident are you that the dealer will repair the car successfully?
In the end it is your decision whether to allow another repair or write to the fc and dealer rejecting the car

The grinding brakes, as they suggested was the ABS that kicks in when you brake harshly. I am yet to verify that independently. I am not sure the full service history is coming. It has been almost 2 weeks and they are yet to "receive" it from the previous seller.

I called the finance company and they said they'll now pass this on to their cancellation department. They'll negotiate the return with the dealer and the potential £250 charge, which they'll bear if it comes to that but I will not have to pay anything.

Dealer has asked me to bring the vehicle back today for inspection. Is it risky to leave the vehicle to them for inspection? Should I be present during inspection in case he tries to pull up some tricks?

Most importantly, should I still send the letter of rejection after talking with the dealer and finance company ?

[Pezza54]

That's a relief about the brakes, a maintenance item if new brake pads were required.
You should let the fc know about the missing fsh. A lack of service history will devalue the car and should provide you with additional ammunition in you argument to reject the car

[DE DOGS]

Brakes squeaking. points to the brake shoes that are worn out, which involves replacing the brake disc, as those will now be scored, trust me from what this dealer is telling you. comes from the dealer lies book, not my car but you seem to keep listening to the tales, Water leak, do you in your wildest dream imagine it will get better, sorry if I sound rude, but you have been advised to take it back for a refund, that car has done a lot of miles, my car brake discs and pads renewed over three years ago and are still good.PS I have 50 years of repairing vehicles, from cars to heavy commercials.